(Click here to read: “Jury Duty Part 1 – Excuses,” or “Jury Duty Part 2 – No Good Excuse,” “Jury Duty Part 3 – Reasonable Doubt” and “Jury Duty Part 4 – Unanimously at Odds” and “Jury Duty Part 5 – Beyond A Reasonable Doubt“)

We, the twelve, filed back into the court room after sending a final note to the judge reporting, with absolute certainty, that we were unable to come to a unanimous decision as to the defendant’s guilt or innocence.

As the judge thanked us for our service and assured us that it happens sometimes, I glanced over at the defendant.  At that same moment he glanced back at me and in that instant of eye contact he winked, a sort of “thank you” for hanging the jury wink.   I quickly looked away.  I did not know this man and wanted to be certain that his future was not compromised by one moment of eye contact.  Was I that juror? I’ll not say one way or the other.

As we, the twelve, filed out of the courtroom that afternoon I forgot to say my “goodbyes” to those fellow jurors who gained my respect in just a few short days.   The intensity of this experience has stayed with me and I think about it often.  It was difficult leaving that day without knowing just what would happen to Henry.

I called our court clerk a few days later in an attempt to find out.  I was told that he was still in the county jail and that conferences had commenced between the public defender and the district attorney.  A possible plea deal was being considered and I was told to feel free to call again.

I called the next week.  No change, still in jail, call again.   I called a week later.  No change, still in jail, call again.   I waited a few weeks this time to call again.  With my curiosity, concern and need for closure driving me, I called again this afternoon.

The court clerk told me that Henry had finally been released from jail.  A motion to dismiss had been filed by the district attorney citing a “hung jury” as the reason for his recommendation.  No plea and no record to follow the defendant in this case.

After almost a year in jail, I’m hopeful that Henry can move on and claim a better life.  This “hung jury” is a gift, a new beginning.  The almost a year in jail is also a gift provided the time was used to reflect and contemplate, and not used as a time for anger and resentment to brew.

The funny thing is, this information gives closure in one way, but I really have no way of knowing what the rest of the story will be.  All I can do is pray for Henry to find a better path and take it to the summit.

(Click here to read “Jury Duty Part 1 – Excuses,” or “Jury Duty Part 2 – No Good Excuse,” “Jury Duty Part 3 – Reasonable Doubt” and “Jury Duty Part 4 – Unanimously at Odds“)

As the day wore on it became quite clear we were not going to come to an agreement this day.  Finally at 4:30 the judge sent us home for the weekend. We were instructed to return on Monday morning to continue deliberations and come up with a verdict.

As the weekend started, my mind swirled with evidence, testimony and the heated discussions that had taken place in the jury room behind closed doors on Friday.  Finally, I reasoned my way through it all and came to a decision, one I was prepared to live with, beyond a reasonable doubt.

On Monday morning as I headed to the courthouse I was glad to have had a couple of days to think and was prepared to present my position.   Once all the jurors were present we picked up where we’d left off on Friday.  The discussions became loud at times with one juror interrupting the other and several discussions taking place at once.  We requested testimony be reread, we were given a copy of the charges and by mid-day we were no closer to a verdict than we’d been on Friday.

After lunch we decided to focus on one charge at a time and decided it was unproductive to continue loud arguments and rude interruptions.  Our deliberation was serious for us all.  Each one of us holding to our convictions and drawing different conclusions after hearing the same testimony and seeing the same evidence.  We requested certain testimony be read a third time.

Guilty or not guilty beyond a reasonable doubt based on the evidence and testimony.  A simple instruction, but not a simple conclusion.   We pushed on, deliberating into the afternoon, finally sending a note to the judge reporting that we were confident we would never reach a unanimous decision.  We were a “hung jury.”

The judge thanked us again for our service and said it happens sometimes.

There are so many lessons to be learned from this experience.

Justice.  One thing that haunts me is how we, humanity, treat one another.  Those – in this case on the Internet – who set out to intentionally take what does not belong to them.  Then setting off a sequence of events that destroy another.  Who are these sinister online thugs who prey on others and why can’t they be stopped?

Tolerance.  Our inability to come to unanimous agreement is yet another lesson to be contemplated.  While we didn’t come to the same conclusions, we did part amiably and though we did not become friends, no violence ensued.  We have agreed to disagreed.  Tolerance.

Personal responsibility.  This is another lesson in cause and effect.  One person’s actions affect another.  Sometimes consciously and sometimes not, but we’re all here inhabiting this earth together and need be responsible for our behavior and prepared to reap the benefits or punishment from that behavior.  Personal responsibility.

Listen and hear.   Waiting to hear the whole story is yet another lesson.   Don’t jump to conclusions, make hasty decisions or prejudge from appearance.  After hearing the first bits of testimony one could have concluded, “Guilty.”  But after getting all the information there was just more to the story than you might have thought at first glance.  Listen and hear.

There are more lessons that I’m sure will emerge as the days go by.

What comes to mind for me now is . . . What now becomes of this person presumed innocent until proven guilty in a court of law?

I'd rather be carving pumpkins that in jury deliberations! That's a no brainer! What you see here are the results of the annual Pumpkin Carving Party we attended yesterday. More details on that Wednesday....

(Click here to read “Jury Duty Part 1 – Excuses,” or “Jury Duty Part 2 – No Good Excuse” and “Jury Duty Part 3 – Reasonable Doubt“)

It was time for the defense to present their case and the defendant took the stand nervously in a courtroom still empty of any support. What, I wondered, could bring a person to this place of stark aloneness, in trouble with the law, fighting for freedom?

The defendant was questioned by his attorney in an effort to explain his past collisions with the law, which had been revealed by the prosecuting attorney, then followed up with details, his side of the story, about this latest crash with the justice system.

He said he’d unknowingly gotten involved in what proved later to be an online scam in an effort to improve his financial situation. The email interaction had been persuasive, he said, and had started with an email saying, “Congratulations, You’ve Got a job!” I’d heard about these types of scams on TV and heard about others who had been taken in and lost their hard-earned savings. For this person with no savings to repay, grand larceny was the charge and incarceration followed by prosecution had been his “take home payment” from this online con. The defense rested after presenting just one witness, the defendant, and no additional evidence. (Side Note: I’ve simplified the case here – it’s really much more complicated that this.)

We were sent back to our respective worlds for two days and told the trial would continue on Friday with closing arguments and jury instructions. We were given one last bit of instruction before this two day break – do not come to any conclusions until after the final arguments have been heard and jury instructions have been presented. We promised to do so.

I’ll admit to sleeping very little during this entire process and when Friday came I was ready to hear the summations and get on with deliberation unaware of just how difficult that process would prove to be. Summations and instructions ended at around noon and we, twelve plus two, were then herded back to the jury room. There was one last chance for my “out.” Perhaps I was one of the two alternates, but somehow I knew deep down I was not.

We, the twelve, ordered lunch and began deliberations. The group was diverse, representing many different generations and both genders. At first we all sat waiting to hear the others’ point of view. We were virtual strangers, but I could soon see that remaining silent would not be an option. Each of us would have the opportunity to present our point of view, it was a necessary part of the process and it soon became apparent we were far from the unanimous agreement that was required in this case.

(to be continued…)

I have to make another excuse – legitimate excuse – for my lack of posting.  I was selected for jury duty on Monday and will not be posting written content on the blog until my service is over.  I’m hoping that will be early next week, but cannot be sure.  This service carries with it a heavy responsibility and I cannot be creative and write just now.  I’m hoping you understand and will check in next week.  If I am able to produce some drawing or painting to share I will do that.  Thanks!